The family of Tony Nicklinson, the locked-in syndrome sufferer who died last year, has won permission to continue his right-to-die campaign by appealing against a High Court decision that went against him.

Mr Nicklinson, who had two children, died on 22 August, aged 58, a week after he lost his legal bid to end his life with a doctor’s help. He had been refusing food and contracted pneumonia after he was left “crestfallen” by the ruling.

His family vowed to continue Mr Nicklinson’s campaign, and yesterday it was confirmed that the Court of Appeal has given permission for his widow, Jane, to bring an appeal against the High Court decision.

The appeal is being seen as an important test case on whether medical help can legally be provided to those seeking to die.

Mrs Nicklinson has said that continuing the legal battle is likely to involve a long campaign, fraught with legal technicalities, but the family sees it as “part of Tony’s legacy. We’re fighting for him, on his behalf”.

Appeal judges will now have to decide whether they agree with the High Court’s ruling.